Dr. Baburam Bhattarai Stays On-Part 41

(The Government Apologizes Belatedly But Not Enough)
Siddhi B Ranjitkar

Prime Minister Dr Baburam Bhattarai says that he has been carrying his resignation letter in his pocket, and is ready to sign it off as and when the political parties build a consensus on all the contentious political issues as the continuation of the political showdown. At the same time, NC President Sushil Koirala once again pushes the head of state President Dr Ram Baran Yadav to discharge the prime minister and turn over the power to him. However, on the arrival at the Kathmandu International Airport on December 29, 2012 from the five-day visit to India, President Yadav said that the political leaders needed to resolve the political problems on their own according to the Indian political leaders. Keeping aside the political issues, let us turn to what the government has been doing to protect the lives and property of the people.

People pay the taxes in the expectation of the government protecting their lives and property. The current government has boasted that it has been successful to collect the maximum taxes. However, such tax money is being used for the security of the people or not remains to be seen.

On Sunday, December 30, 2012 at the meeting held with the members of the ’central coordination committee on gender-based violence and gender empowerment,’ Prime Minister Dr. Baburam Bhattarai and Chief Secretary Lilamani Paudel apologized for the immigration officials robbing Sita Rai (not real name) returning from Saudi Arabia at the immigration office and then the security police taking her to a nearby hotel and rapping her on November 21, 2012. Why the prime minister and the chief secretary took so long time to apologize not to mention taking actions against the rogue officials and security guard, the government needs to explain.

A week ago, at the Cabinet meeting, the government decided to give Rs 150,000 to Sita Rai: the victim of robbing and raping by the government officials on the arrival at the Kathmandu International airport, and brush off the case instead of taking strong actions against the perpetrators of the violence against the woman returning from Saudi Arabia. Prime Minister Dr. Baburam Bhattarai knows how traumatic it has been to the woman who is supposed to be politely cleared off by the immigration officials but robbed her hard earned assets, and then the security police supposed to provide her with security raped her. What Prime Minister Dr. Bhattarai had felt if Sita Rai had been his only daughter and had met the same fate as that of Sita Rai? What Dr. Bhattarai’s spouse Hisila Yami would have felt if her daughter was robbed and raped by the employees of her husband’s government? Whether she should feel all right after receiving Rs 150,000 and then letting the criminals going free with impunity.

The women civil society activists have had to put a tremendous pressure on the government of Prime Minister Dr. Baburam Bhattarai for more than one month for bringing the government to apologize for the most heinous crime of robbing and raping a woman, and taking the actions against the perpetrators of the crime. The government has said that it has suspended the three immigration officials involved in robbing the woman and the police raping the woman. Simply suspending the criminals of such heinous crime is not enough because they have not only committed the crime against humanity but also caused the shame on the government and on the nation as a whole. So, the government needs to parade these guys in public and demonstrate that any state officials committing such crimes would face such incredible shame in public. In addition, the government needs to take immediate administrate actions against them while the security officials are taking the legal actions. These criminals should compensate the victim of their incredible crimes for the loss of the dignity and the assets. So, the government needs to confiscate their assets, and then turn over the assets to the victim.

Women civil society activists have been protesting against the immigration officials robbing Sita Rai at the immigration office at the Kathmandu International Airport, and then the security police taking her to a nearby hotel and rapping her. However, the government did not listen to the voices of the civil society activists for reasons better known to the prime minister and his cabinet ministers, the high-ranking administrative officials and security officials. The question is why the chief secretary has failed in immediately suspending the immigration officials that have not only committed the crime against humanity but also shamed the administration including the highest administrative officer like him; and the police officials also did not suspend the security guard on duty for the security of the incoming and outgoing passengers at the Kathmandu international Airport but instead of providing security to the woman, took her to a nearby hotel and rapped her. Has it not shamed the whole security community of Nepal? How the Nepalis will believe that the police would provide them with security?

After the government, the civil administration, and the police have failed to do anything despite the protest of the women civil society activists for almost a month, the protestors moved in to the main entrance to the official residence of the prime minister at Baluwatar in Kathmandu, and started off staging a sit-in protest there. For a week or so, the prime minister simply has ignored the voices of the women civil society activists but they did not give in rather intensified their protest drawing the attention of more and more people to this case.

Then, the prime minister decided to award Rs 150,000 to the victim of the immigration official and the security guard at the Kathmandu International Airport making the mockery of justice in Nepal. She must have much more than Rs 150,000 with her when she was robbed, as she had worked in Saudi Arabia and had come back with earnings. The security guard rapped her. She must have suffered a great trauma after that unfortunate incident. The prime minister and other high-ranking civil and police officials instead of understanding the trauma and sufferings, and the loss of her honor and earnings, have simply decided to award Rs 150,000 to cover up the crimes perpetrated by the government officials and the security guard. Any amount of money would not offset the sufferings of the victim until the criminals are brought to justice. If the prime minister and the state officials are sane they need to understand it.

The Bhattarai government takes the pride in collecting taxes more than the target it has set. It is no doubt good but it is not good that the state employees paid by the taxes collected from the people instead of delivering services to them correctly and efficiently, they robbed the migrant workers returning home. It is not a single case of a woman returning from Saudi Arabia was robbed and rapped; such cases have been reported in the past, too. The security guard paid by the people’s money for providing security to the people rapped the woman. How could the government of Dr. Baburam Bhattarai so much concerned with the welfare of the people fail in taking the actions against the criminals in time?  Dr. Bhattarai, you have set up “Hello sarkar’, and takes the calls of the people, and you spend an overnight every month with the poor rural people to understand their real conditions. These are all good characters of yours. How come you failed in promptly taking actions against the perpetrators of this heinous crime committed by the state employees against a woman at the international airport in Kathmandu?

One more thing we need to remind Prime Minister Dr. Bhattarai is that you have failed in bringing murderers to justice. The recent news of December 31, 2012 in the Nepalese media has it that hearing on the writ petition on the case of the government withdrawing the murder case, the single bench of Justice Damodar Prasad Sharma of the Supreme Court of Nepal has issued the order to the government not to enforce the Cabinet decision made on December 6, 2012 on withdrawing the murder case at the Siraha District Court against 13 people accused of killing Shah’s father Bholahi on August 2, 2010. Khushilal Shah: the son of the victim has filed a writ petition at the Supreme Court of Nepal against the government decision on withdrawing the case. It is a shame not only on you Mr. Prime minister but also on the entire government of yours. How could the prime minister of your stature bring the perpetrators of murder to justice withdrawing the murder case at the Siraha District Court? This is another blot on your career as a prime minister. If you are for the rule of law you would never do such things rather let the case take its own course at the law courts.

Now, turning to the political side of the prime minister. You say that you have been carrying your resignation in your pocket and you are ready to sign it off at anytime the political leaders build a consensus on all the contentious issues. You have shown a great stamina at taking the challenges of the opposition coalition of the NC and the CPN-UML to quit the office. You should not leave the office until the federalism and federal states are institutionalized. We have seen that the NC and the CPN-UML have dragging on the discussions on the contentious issues not to institutionalize the federalism and the federal states. Except for the political fanatics against the federalism, majority of the people are for making Nepal a federal democratic republic but we have seen that the NC and the CPN-UML guys have been not for it. So, you should stay on in the office until federalism is institutionalized no matter what the opposition coalition wants to do.

NC President Sushil Koirala has recently questioned the head of state President Dr Ram Baran Yadav what the president has been doing not taking any actions in breaking the current political deadlock. For the NC and the CPN-UML power junkies breaking the current gridlock means putting Sushil Koirala in the office of prime minister. No logical thinking people will accept it, as putting Koirala in the office of prime minister without reaching a deal on all the contentious issues means give in all the gains the people have achieved in the various movements to the remnants of feudalists represented by the NC and the CPN-UML.

The head of state President Dr. Ram Baran Yadav has clearly stated that he has gathered the impressions from the Indian leaders that they are for the political leaders resolving the political problems on their own. Briefly speaking to the reporters upon arrival at the Kathmandu International Airport on December 29, 2012 after the five-day India visit, President Dr Yadav has clearly said that he got the Indian leaders expressing their opinions of the need for the political leaders resolving the political problems on their own. Clearly, the head of state has hinted at he is not going to interfere in breaking the political deadlock. It is good news for all the people wishing to have a lasting peace in Nepal and to resolve the political issues. So, President Dr Yadav most probably would not give in to the recent push of NC President Sushil Koirala for discharging the prime minister and turning over the power to him. Putting Koirala in the office of prime minister would be another political chaos, as ethnic and Madheshi people would rise against the despotic rule that would disregard the demands of the ethnic and Madheshi people for the inclusive state administration, and federal states and devolution of power.

The country has no choice but go to the polls for electing a new CA. To this end, the head of state President Dr. Yadav needs to clear all the pending bills on the elections and the elections related laws sitting at his office, and shepherd the political leaders to the elections rather than letting the political leaders engaging in the useless never-ending talks on building a consensus on all political issues. The opposition coalition of the NC and the CPN-UML is not willing to talk about the contentious issues without putting Koirala at the office of prime minister whereas the ruling coalition of the UCPN-Maoist and the UDMF is not willing to turn over the office to Koirala without resolving all the contentious political issues. So, the political deadlock is going to stay until the elections are held to a new CA. Therefore, the people’s mandate is to break the current political deadlock. However, President Dr. Yadav has not reply to the notification of the Supreme Court of Nepal seeking the clarification from the head of state for putting on hold all the bills on elections and elections-related laws putting him above the law.

On his return from India on Saturday, December 29, 2012, President Dr Ram Baran Yadav said that parties should resolve crisis on their own. President Dr Ram Baran Yadav returned home after completing a five-day official trip to India on Saturday. Briefly speaking to the reporters at the airport, President Dr Yadav said that the political parties must resolve the country’s political problem on their own and that this was the impression he got during his meetings with Indian political leaders. In New Delhi, President Dr Yadav met with his Indian counterpart Pranab Mukherjee, Prime Minister Man Mohan Singh, ruling Congress party chief Sonia Gandhi and a number of other senior political leaders. He also held one-on-one meetings with President Mukherjee, Prime Minister Singh, Congress party chief Gandhi and external affairs minister Salman Khurshid, discussing the Nepal's current political scenario and bilateral relations. After a meeting on Wednesday, the Indian Prime Minister said that India had no political favorites or adversaries in Nepal as he tried to give an impression that India was not going to influence the course of politics in the northern neighbor. (Source: nepalnews.com, December 29, 2012)

At the meeting with the central coordination committee on gender-based violence and gender empowerment, the advisors’ group and the chiefs of the security agencies held at the Prime Minister’s official residence in Baluwatar on Sunday, December 30, 2012, Prime Minister Dr. Baburam Bhattarai and Chief Secretary Lilamani Paudel has formally apologized for the robbery and rape of a woman by the immigration officials and the police on duty at the Kathmandu International Airport on November 21, 2012. According to the statement issued by the Office of the Prime Minister, the country’s executive head directed the Ministry of Home Affairs (MoHA) and Inspector General of Nepal Police to book the officials allegedly robbed and raped the woman returned home from Saudi Arabia. (Source: THT ONLINE, December 30, 2012)

Speaking at the monthly 'Prime Minister with the people' program of the Radio Nepal in Kathmandu on December 30, 2012 evening, Dr Baburam Bhattarai said, "I have my resignation letter in my pocket and I am ready to resign as soon as the parties forge a consensus". Prime Minister Dr Baburam Bhattarai reiterated that he was not an obstacle but a means to resolving the present political crisis. He however said that his resignation alone would not give an outlet to the country in absence of a consensus among the political parties. Emphasizing the need for holding elections to the CA in May after forming a government of a national consensus by the second week of January, he urged the parties not to push the country into a quagmire of uncertainty for their petty interest. Dr Bhattarai pointed out the need for a consensus among the parties in arms during and after the 12-point agreement in order to institutionalize the gains of the people's movement. (Source: RSS/thehimalayantimes.com, December 30, 2012)

Hearing on the writ petition filed by Khushilal Shah, a single bench of Justice Damodar Prasad Sharma of the Supreme Court of Nepal on December 31, 2012 issued a stay order to the government not to enforce the cabinet decision made on December 6 on withdrawing the murder case pending at the Siraha District Court against 13 people accused of killing Shah’s father Bholahi on August 2, 2010 stating the Cabinet decision was against the ruling of the apex court that has set a precedent for not withdrawing a murder case. (Source: HIMALAYAN NEWS SERVICE, December 31, 2012)

The Ministry of Home Affairs has suspended three employees of the Department of Immigration working at the Immigration office at the Kathmandu International Airport based on the report of the investigation committee constituted to probe into the incident in which the employees of the Department had allegedly robbed a woman returned to Nepal from Saudi Arabia. The committee was also tasked with investigating the incident of a policeman taking her to a hotel and raping her. (Source: RSS/thehimalayantimes.com, December 31, 2012)

On Monday, December 31, 2012, in a veiled advice to President Dr Ram Baran Yadav to make a 'move', NC President Sushil Koirala said the President should "understand his responsibility towards the nation". "How long can we go like this in the name of consensus? I have told the President that he should understand his responsibility," the NC president said, alluding to the failure of repeated deadlines given by the President to the parties to arrive at a consensus, "The very existence of the country is (at) stake." (Source: nepalnews.com, December 31, 2012)

In a statement issued on Monday, December 31, 2012, the National Human Rights Commission (NHRC) has said that it is regularly monitoring and investigating the steps taken by the government regarding the involvement of government officials and police in robbing and raping Sita Rai on November 21, including other cases of violence against women. It has said that it is also monitoring the brutal murder and killings of Shiwa Hasmi of Bardiya, Bindu Thakur of Bara, Saraswati Subedi of Dhading and Mamata Mahato of Sarlahi including mistreatment of Kawali Sarki of Dailekh, Puja Sharma of Siraha, mysterious disappearance of Chori Maiya Maharjan and other cases of rape and torture of women. “These cases show that the right to live, security and dignity of women is being grossly violated,” said NHRC in the press statement, and called on the government to bring those involved in atrocities and other crimes against women to justice. (Source: nepalnews.com, December 31, 2012)

Five criminal cases filed against the UCPN-Maoist leaders and cadres have been withdrawn from the Kavre District Court during the last two weeks following the government’s decision to this effect. Cases against Maoist cadres Shiva Prasad Dahal of Ugrachandi Nala and Ramdas Ulak of Khopasi were withdrawn from the court on December 31, 2012, while three other cases against UCPN-Maoist Prachanda, Vice-chairman Dr Baburam Bhattarai also the prime minister, and district leader Suryaman Dong were withdrawn 13 days ago. The cases were withdrawn following the instruction of the Office of the Attorney General to the concerned Office of the District Attorney about a month ago. The government decision to withdraw the cases against ruling Maoist leaders and cadres has provoked criticism from the human rights organizations. (Source: thehimalayantimes.com, December 31, 2012)

A diverse group of people from various walks of life staged sit-in protests outside Singh Durbar, the government’s main administrative complex, and Baluwatar near the Prime Minister’s official residence on Tuesday, January 1, 2013 demanding actions in the recent cases of violence against women (VAW). Rights activists, journalists, and locals assembled at Anamnagar outside the eastern gate of Singh Durbar this morning, and urged the government to take actions to curb gender-based violence and VAW cases. President of ‘Sancharika Samuha’ Nirmala Sharma informed that civil society leaders including Surendra K.C., Sushil Pyakurel, and representatives of several organizations took part in the protest outside Singha Durbar. Similarly, demanding justice to the victims of robbery and rape by immigration officials at the Kathmandu International Airport, and other recent cases of VAW, the protesters have staged the sit-in at the entrance to the Baluwatar residence of the prime minister since 9:00 AM today. (Source: THT ONLINE, January 1, 2013)

Radio Nepal boss faces PM's wrath over interview of NC leader who called him 'Indian agent,' as Prime Minister Dr Baburam Bhattarai has sought clarification from the executive director of the state-owned Radio Nepal for airing an interview on Monday, December 31, 2012 in which a NC leader called him an 'Indian agent'. Prime Minister Bhattarai telephoned communication minister Raj Kishor Yadav after being informed about the content of the interview and asked him to immediately seek clarification from the Radio Nepal bosses. The minister then approached ministry secretary Surya Silwal, who grilled the radio's executive director Suresh Kumar Karki and ordered him to furnish a formal clarification. Chief secretary Lilamani Poudel is also known to have grilled Karki and Pramod Dahal, the host of the morning radio program 'Antarsambad', and warned them of action. In the interview aired on Monday, December 31, 2012, NC central member Manmohan Bhattarai argued that Prime Minister Bhattarai was installed by India and that he was an Indian agent. (Source: Nepalnews.com, January 1, 2013)

Prime Minister Dr Baburam Bhattarai should have been proud of the state-run Radio Nepal airing the blunt criticisms of the prime minister, and should have filed a legal case against NC leader Manmohan Bhattarai for defamation if the Prime Minister thought that it was false rather than going after the staffs that have simply performed their duties. Listening criticism is hard to anybody but taking criticism positively and appreciating criticisms certainly enhance the status of the leader but taking actions against the staffs surely downgrades the status of the leader.

The Nepal Press Union has condemned the prime minister’s move to seek clarification from the program staff Pramod Dahal and executive director of Radio Nepal Suresh Karki on Tuesday, January 1, 2013. According to the Union, Prime Minister Dr Baburam Bhattarai questioned Dahal and Karki after they aired the radio talks with NC leader Manmohan Bhattarai who called the Prime Minister an agent of Hindustan during the talk. The union has alleged that the Prime Minister had directed the Minister for Information and Communication to seek clarification from Dahal and Karki and the minister did so. The union has claimed that this kind of act has made mockery of the minimum standards of democracy and is against the freedom of press and expression. (Source: THT ONLINE, January 1, 2013)

The High-level Monitoring Committee on Violence Against Women (VAW) has started monitoring the incidents of VAW throughout the country, state-owned news agency RSS reports. As per the information provided at a press conference held at the Prime Minister's Office (PMO) in Singha Durbar on January 1, 2013, the monitoring committee constituted under the chairmanship of Secretary to the PMO Rajuman Singh Malla has started off the strict monitoring for preventing such incidents. It is stated that the committee will monitor VAW incidents including the rape of a woman after her abduction from the Tribhuvan International Airport Immigration Office, the murder of Shiva Hasami by setting fire on her, the death of Saraswati Subedi under dubious circumstances, and Bindu Kumari Thakur and the disappearance of Chhori Maiya Maharjan from Kathmandu. It also will recommend actions in these cases. Secretary Malla said that the committee would also investigate other incidents across the country and submit a report to the government on the incidents. According to him, the process for actions has been moved forward as per the directives issued by a meeting of the Gender Empowerment Central Coordination Committee chaired by Prime Minister Dr. Baburam Bhattarai on December 30, 2012, to take stern actions against the individuals and groups implicated in the cases of VAW and that they should not be let them free. (Source: nepalnews.com, January 1, 2013)

Various rights activists and people from various walks of life have continued to stage a sit-in at the Prime Minister's residence in Baluwatar on January 2, 2013, calling for ending VAW and stern actions against the perpetrators. Some 400 people participated in the mass sit-in held at the initiatives of the youth human rights activists. Different human rights organizations including the women human rights network, the National Federation of the Disabled Nepal, journalists, lawyers and members of the civil society participated in the sit-in demonstration. The sit-in was held from 9:00 A.M. to 11:00 A.M. The participants demanded judicial probe into the incident of VAW that took place recently in different places of the country including Kathmandu and taking stern actions against the culprits. (Source: RSS/thehimalayantimes.com, January 2, 2013)

Nepal Women's Association (NWA) has drawn the attention of the government, calling to stop the increasing incidents of VAW and guaranteeing the rule of law to the citizens. Holding a news conference in Kathmandu on January 2, 2013, the association announced that it would launch a movement to exert pressure for punishing the culprits of VAW and providing justice to the victims. NWA, further, rapped the government for not paying due attention to the VAW even when women's sanctity was being robbed and incidents of VAW has been increasing in a serial manner. Following the declared protest program, it will submit a memorandum to the Prime Minister through the Chief District Officer on January 3. The Association claimed that 33 women have died in incidents of VAW since the start of the Nepali New Year. It said 16 women have lost their lives in the last one and a half months alone. Stating that the government has not taken effective steps towards stopping VAW even when such incidents are increasing on a daily basis, Chairperson of NWA Dila Sangraula said that the incumbent government has lost all moral authority to remain in the government. Former chairperson of the association Mina Pandey called on citizens from all walks of life to work in a responsible manner for building a violence-free society. (Source: RSS/thehimalayantimes.com, January 2, 2013)

In the news released on January 2, 2013, the Ministry of Women, Children and Social Welfare has termed the incidents of VAW that have taken place since some days as a blot on the human civilization in the 21st century; these incidents are very saddening and worrisome. The Ministry is fully committed to book the culprits of these incidents that have put mankind itself to shame and to meting out stern punishment on them. The positive cooperation and collaboration of all the governmental and non-governmental organizations and the civil society is expected to that end, the Ministry said in the news release. The Ministry has extended heartfelt sympathies to the victims of inhumane incidents such as gender-based violence and to their families. It has also requested one and all not to be agitated and swayed by these inhumane incidents and to exercise restraint. (Source: RSS/thehimalayantimes.com, January 2, 2013)

In a symbolic protest against the failure of the government to arrest the perpetrators of VAW in various parts of the country, women rights activists in the Dhading district have presented the gift of a pair of handcuffs to the Prime Minister. They handed over a handcuff to Chief District Officer Bed Prasad Pokharel after staging a sit-in in front of the District Administration Office in the district on January 2, 2013. "If it is because the state has run out of handcuffs, we are sending these handcuffs so that the perpetrators of violence against women are arrested and punished", reads a memorandum handed over along with the handcuffs. A large number of people including human rights workers, media persons and civil society leaders had taken part in a candle-light procession held by women rights defenders of Dhading to 'search for justice' on Tuesday evening, January 1, 2013. (Source: RSS/thehimalayantimes.com, January 2, 2013)

One major agenda of the ongoing protest against VAW is registration of First Information Report (FIR). The Police, more often than not, do not register FIR in cases of rape, especially when the victim comes from a socially or economically weak background and perpetrators enjoy political protection, said women rights activists. President of Saathi: an NGO working for the rights of women Bandana Rana said that only a few women were willing to register complaints with the police due to the lack of favorable mechanism to register complaints. Fear of mistrust and rough handling by family, friends and society stops several rape survivors from seeking legal remedy, said Rana. “Rape is a sensitive issue and the identity of the victim must be protected so that society doesn’t mock her. The issue of confidentiality is very essential, but most of the time, cases are registered by policemen who ask the victim harassing questions,” said Rana. Worse, the victims are questioned inside an overcrowded room in the districts. Besides, the police often support settlements to conducting investigations. In 2011, Saathi carried out a study on reporting of domestic violence in ten districts. The study shows only 41 per cent of the cases are registered with the police and 71 per cent of them end in settlement. Sometimes, the perpetrators are imprisoned for a day or two. Saathi data shows less than five per cent rape incidents are reported said Rana. Women are often pressured into settling cases in the name of family pride or the honor of the community,” said Rana. Time has come for the Home Ministry to issue a circular to police stations across the country stating that the police have an obligation to register an FIR and start investigations into any allegation related to VAW, added Rana. She further suggested that the government bodies work in coordination to resolve the issues of VAW and conduct regular monitoring. Attorney Meera Dhungana of Forum for Women, Law and Development (FWLD) said that they faced various obstacles to registering FIR when the wrongdoers held powerful positions. “Access to justice for victims of sexual violence is a serious problem,” said Attorney Dhungana. Survivors of sexual assaults are subjected to intense inspection by those who are supposed to help them. In some instances, doctors have refused to conduct medical examination in the absence of a police report, while police officers say they can’t issue a report without a medical statement. This often makes them believe that they are fighting a losing battle and this belief holds many victims back from seeking legal remedy, added Attorney Dhungana. Families of victims have also been harassed and threatened if cases were not withdrawn. Many cases are settled outside the court making the victims receive small monetary compensation while perpetrators remain at large, added the Attorney. Although the international practice has been that all cells should have at least one-woman police officer and ensure that the cases of rape and sexual harassment are probed properly in their respective districts, this has rarely happened in the country, added Attorney Dhungana. (Source: HIMALAYAN NEWS SERVICE, January 2, 2013)

Opening the Sumeru Community Hospital at Dhapakhel of Lalitpur district on Thursday, January 3, 2013, Prime Minister Dr Baburam Bhattarai has said that the transition in the country has prolonged because of the lingering feudal social structure; and claimed that no individual or party in particular was to blame for the prolonged transitional period because a 'big operation' needed to remove the old system. "As is the case in (the) health sector, it is very difficult to identify and cure the politico-sociological disease," he said, stressing the need for strengthening the cooperation between the government and the private sector in fully implementing the government policy on providing the free health service to the citizens. (Source: RSS/thehimalayantimes.com, January 3, 2013)

After the meeting of the UCPN-Maoist and the CPN-UML leaders held at the Peace Fund Secretariat at Babar Mahal on January 3, 2013 to explore a national consensus government for breaking the current political gridlock, UCPN-Maoist leader Amik Sherchan said that the discussion was focused on the formation of a next government led by an independent civil society leader as the NC and the CPN-UML did not want to continue the current government while the UCPN-Maoist and other ruling parties did not want a NC-led government. Chairman of UCPN-Maoist Prachanda, leader Sherchan and Chairman of CPN-UML Jhalanath Khanal and senior leader Madhav Nepal were present in the meeting. The discussion between the two parties took place with just a day left in the latest deadline set by President Dr Ram Baran Yadav for a national consensus government. The deadline has already been extended for six times. (Source: RSS/thehimalayantimes.com, January 3, 2013)

Nepal Women's Association (NWA) has drawn the attention of the government to the need for taking forthwith-effective steps to stop the incidents of VAW. The association sent a memorandum to the Prime Minister through the Chief District Officer of Kathmandu today, drawing the government's attention to that effect. In the memorandum, NWA has urged the government to take effective measures to book and take stern actions against the perpetrators of VAW. The association's move comes at a time when incidents of VAW have been increasing throughout the country, of late. NWA office-holders including its chairperson Dila Sangraula went to the District Administration Office, Kathmandu to submit the memorandum to the Chief District Officer Chudamani Sharma, and through him to the Prime Minister. It is stated in the memorandum that killings, violence, harassment, domestic violence and other incidents of VAW have been increasing in recent days and these kinds of incidents need to be stopped by taking effective steps and enforcing the existing laws. (Source: RRS/thehimalayantimes.com, January 3, 2013)

President snubs the Supreme Court’s order to furnish clarification for delays in approving ordinances. President Dr Ram Baran Yadav has continued to defy the Supreme Court’s order to furnish clarification for his delays in approving four ordinances forwarded by the current government. A single bench of Justice Sushila Karki of the Supreme Court had on November 21 issued a show cause notice to President Dr Yadav regarding the delays in approving the ordinances relating to education, health, and formation of Truth and Reconciliation Commission. The apex court had asked the president, his office, prime minister’s office and Ministry of Law and Justice to furnish the clarifications in writing within 15 days, which ended on December 6, 2012. However, nearly a month after the expiry of the deadline for furnishing clarification for the delays, the Supreme Court of Nepal has not heard from the President. The writ was filed by Advocate Udhav Prasad Chaulaghai stating that the President has "illegitimately blocked" the ordinances. (Source: nepalnews.com, January 3, 2013)

On Thursday, January 3, 2013, UCPN-Maoist leader-cum-Prime Minister Baburam Bhattarai's political advisor Devendra Poudel said that an election government headed by a neutral figure emerged as the most promising option if elections were to be held in April/May. "The Nepali Congress and the CPN-UML are dead against Baburam Bhattarai [for a prime minister of election government] while UCPN-Maoist and Madheshis are not going to accept Sushil Koirala," Poudel said at a media gathering held by Revolutionary Journalists Association in Baglung. He added, "In order to prevent the country from being trapped into indecision, the option of forming a government under an independent figure needs to be considered." However, the Maoist party is still open to the idea of reinstating the dissolved Constituent Assembly, Poudel said. The Prime Minister's advisor also made it a point to blame NC President Koirala for complicating the situation as he (Koirala) vehemently rejected the Maoist proposal to form a consensus government under Bhattarai for a brief period and then turn over power to the NC. (Source: nepalnews.com, January 3, 2013)

Speaking at the Reporters’ Club on Friday, January 4, 2013, NC leader Manmohan Bhattarai said that his party could not accept an independent person as a new prime minister arguing the leadership of political parties has no alternative in democracy; and he made it clear that the NC was reluctant to think about any alternative to the purported leadership of its leader Sushil Koirala. Upon the request of major parties including UCPN-Maoist, the NC had proposed the name of its president for the leadership of a national unity government. However, Prime Minister Dr. Baburam Bhattarai, also vice chairman of the Maoist party, has come up with a proposal to turn over the leadership of a new government to an independent person or a leader of one of the parties of the ruling coalition. According to NC leader Bhattarai, the President should step in to find a way out of the current political crisis. Without that, he argued, the country cannot find any solution to the existing constitutional and political crisis. (Source: THT ONLINE, January 4, 2013)

Receiving a memorandum from the Inter-Party Women's Network and Joint Women's Struggle Committee in Kathmandu on Friday, January 4, 2013, Prime Minister Dr Baburam Bhattarai has said that the government is committed to bring the perpetrators of VAW to justice, and thereby reduce it; the Prime Minister has acknowledged that the existing laws and acts are not supportive enough to punish the perpetrators of VAW. But, the Prime Minister assured the activists and politicians of the government initiating the process for bringing the culprits to justice following the existing legal framework. "The government has left no stone unturned to take legal actions against those involved in VAW lately and I have given special directive to the security bodies to take stringent action against those found guilty,' Prime Minister Dr Bhattarai said. The Prime Minister told the visiting delegation that family members of Shiva Hasmi of Bardiya were arrested and processed for the action. Similarly, the father of Bindu Thakur of Bara was arrested in connection with his involvement in the murder of Bindu while immigration officials involved in the sexual harassment of a female migrant worker have been suspended for further actions. Likewise, a high-level probe committee has been formed on repeating the autopsy of Saraswati Subedi of Anamnagar, the Prime Minister added. On the occasion, the rights activists demanded that the government handed down penalty of lifetime imprisonment and confiscation of all property of such criminals, and provide due compensation to the victims. Similarly, the activists' demands included forming a fast-track court and arranging a speedy legal system to book the guilty. (Source: RSS/thehimalayantimes.com, January 4, 2013)

Office-bearers of the Youth Association Nepal (YAN): a sister organization of the CPN-UML submitted a memorandum to President Dr. Ram Baran Yadav on January 4, 2013 urging the President to play a decisive role in breaking the political standoff through a balanced and transparent way. They also urged the President to bring all political parties represented in the CA to a consensus on holding local and national elections within mid-May through the formation of a national consensus government from among them. The memorandum states that they will be compelled to launch a strong movement against the government if the government refuses to go and political uncertainty continues. (Source: RSS/thehimalayantimes.com, January 4, 2013)

Two women have registered a complaint of domestic violence against their family members at the District Police Administration Office in Rautahat. Bima Devi of Dharampur VDC- 6 and currently living at Naya Basti Tole -8 of Dumariya VDC and Jokhani Devi of Gaur Municipality -7 have filed a complaint of domestic violence against their family members including husbands at the District Police Office, Rautahat. Bima Devi has accused her husband Suresh Gupta, her father-in-law Sonelal, mother-in-law Siya Devi and other members of family of demanding additional dowry from her maternal home after three months of marriage. Suresh and Bima Devi had tied nuptial knot some eight years ago. The Gupta family was also accused of meting out torture, killing her fetus before birth just after one year of the marriage. Despite becoming a mother of two daughters, Bima Devi continues to suffer domestic violence at the hands of her in-laws. Similarly, Jokhani Devi has complained that her husband Birendra Sahani and father-in-law Dashrath Sahani have mentally and physically abused her. Birendra allegedly got married with a second woman and it was her father-in-law who kicked her out of home after torture. Following the complaints, the Rautahat Police have arrested the accused and initiated an investigation into the complaints. (Source: RSS/thehimalayantimes.com, January 4, 2013)

On Friday, January 4, 2013, the Supreme Court of Nepal issued a show cause notice to President Dr Ram Baran Yadav for invoking Article 38 (1) of the Interim Constitution for the formation of a national consensus government. Hearing on the writ filed by Dilliram Guragain of Morang district and Laxmi Subedi of Chitwan who stated that the Article 38 (1) could not be invoked at a time when there was no parliament, the apex court issued the notice. The provision made in the Article 38 (1) is for the formation of a government by a parliament. However, in the absence of a parliament, the same Article becomes redundant and only a political consensus becomes the solution. The SC has asked the President, his office, Prime Minister’s Office and the Office of the Council of Ministers to furnish the clarifications in writing within 15 days. (Source: nepalnews.com, January 4, 2013)

Speaking at the concluding function of the two-day training held by the Madhesi Factory Workers' Forum Democratic Association in Duhabi, Itahari on Saturday, January 5, 2013, Deputy Prime Minister-cum-Minister for Home Affairs Bijaya Kumar Gacchedhar said that the government was ready to mete out strong punishment on anyone involved in VAW; very serious and sad incidents of VAW had taken place of late; strict directives have been issued to the police administration to take stern action against people involved in such crimes. (Source: RSS/thehimalayantimeas.com, January 5, 2013)

Mr. Gacchedhar has been sleeping so far not speaking out a single word for the victim of VAW even though the whole world has been making so much voice against the immigration officials robbing a woman and the security guard rapping her when she was back home from Saudi Arabia on November 21, 2012. Mr. Gacchedhar is a Home Minister made for the security of the people in general and women in particular but he has done nothing until the people have built up a pressure on the government. If Mr. Gacchedhar has an iota of sense of feeling for the responsibility for the security of the people then he would have quit the office for not being able to provide the woman with security, and for not being able to stop the state officials from robbing and rapping the woman. In fact, he has no more moral rights to stay on in the Home Ministry.

The ruling coalition of the UCPN-Maoist and the UDMF, and the opposition coalition of the NC and the CPN-UML have been denouncing each other for real and imaginary reasons reinforcing the polarization that has prevent the progress in breaking the current political gridlock and making preparations for holding elections to a new CA in April/May impossible. Both the opposition and the ruling coalitions blaming one another for not coming to a consensus and insulting each other in public would not help to reach an agreement. The current activities of the political leaders have shown that they have been hopelessly ignoring the aspirations of the grassroots level people for institutionalizing the federalism and the federal states. The head of state also does not seem to realize the real political situation, as instead of being an impartial head of state, he has been issuing one deadline after another for forming a national consensus government. He has even ignored the notification of the Supreme Court of Nepal on the need for answering to the Supreme Court of Nepal for putting on hold the bills on elections and elections related laws. Probably, President Dr. Ram Baran Yadav believes that he is above the law and ignores the Supreme Court of Nepal. Anybody putting him/her above the rule of law bound to fall if the history is any guide.

January 5, 2013